Farris v. Dudley
Supreme Court of Alabama
Appeal from the Chancery Court of Lowndes. Heard before the Hon. John A. Foster. The bill in this case was filed by Joseph R. Dudley, on what day the record does not show, against Farris & McCurdy as partners, to abate as a nuisance an embankment which they had erected on their own lands, on the east bank of Big Swamp creek, and by which, as the complainant alleged, the waters of the creek were accumulated in times of heavy rains, and thrown in increased volume upon his…
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Appeal from the Chancery Court of Lowndes. Heard before the Hon. John A. Foster. The bill in this case was filed by Joseph R. Dudley, on what day the record does not show, against Farris & McCurdy as partners, to abate as a nuisance an embankment which they had erected on their own lands, on the east bank of Big Swamp creek, and by which, as the complainant alleged, the waters of the creek were accumulated in times of heavy rains, and thrown in increased volume upon his lands on the west side of the creek; and he also asked an inquiry and account of the permanent damages which he had…
1Opinion of the CourtSomerville, J.
The bill in this case .was filed by the complainant, Dudley, for the purpose of abating an alleged nuisance, consisting in a levee or earthen embankment erected by the defendants, Farris & McCurdy, upon their own lands, in such manner as to cause the waters of a large creek to overflow the lands of the complainant, to his detriment. The bill seeks also, incidentally, to recover damages caused by such overflow to the lands and crops of complainant.. The case, in our judgment, depends upon two well settled principles of law, as to which there can be no serious controversy in this State since…
2Cases cited3 opinions
- Hughes v. AndersonSupreme Court of Alabama · 1880
- Nininger v. NorwoodSupreme Court of Alabama · 1882
- Crabtree v. BakerSupreme Court of Alabama · 1883
3Cited by25 opinions
- Fort Worth Improvement District No. 1 v. City of Fort WorthTexas Supreme Court · 1913
- Savannah, Americus & Montgomery Railway v. BufordSupreme Court of Alabama · 1894
- Madison v. Ducktown Sulphur, Copper & Iron Co.Tennessee Supreme Court · 1904
- Alabama, Tenn. & Northern Ry. Co. v. Aliceville Lumber Co.Supreme Court of Alabama · 1916
- Drake v. Lady Ensley Coal, Iron & Railway Co.Supreme Court of Alabama · 1893
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